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CC 03-01-71 . . , I " '; fJi.,: ^ '-~'~~' ,,; ;.1 ;t ~ ,.-'t,:~.,- , ,. }, .' . " , . . CD:!' OP CDFEKrI!Ð, State of CallforDù J- Torre Avenue, CUpertino, CalUornia 1IIItJphone: 252-4505 "u¡;aa OF 'IIIB IIICIJLft --r." or 1BB CITt COIIiCIL HELD IfA1aIl, 1971 D'III V'.....u. QUIIBD, CIn JW.L ~. ,... -..J'llltl.I.A .. ...tillg _ c8l1ed co oreSer Ir)' IIIJor Stoltea at 7:34 p... in t' n C'-.åer, atcer 1III1c:h tile ..._tage vas leeS 111 a salute ðe flaa. 8It11 Call tho to CiDllDt:i1aan attending: P1userald, ProUch, Green, Noel and Kayor $Cokes. 1bere were DO CouncllaeD absent froa the aeeting. Also atceocSing: City Kanager Quinlan, City Attorney MallIS, City Clerk- P1aa~c:e Director Ryder, Plannins Direc:tor Sisk, Public Works Director I ~ougb and Rec:ording Secretary Dolores White. I 1. 1 . !UDøtes of tbe Previous Meeting Approval of City Counc:i1 Minutes of regular meeung held February 16, 1971. s.bsequent to corrections being noted on pages 8, 10 and ~7, it was _ed by Councilman Green, se~onded by Councilman Frolicb and passe"': _iIIIousIy tbat the Minutes of the meeting held February 16, 1971 be approved as corrected. ~cten Coa=unicatio~s 2. Froa Hoover Parent Student lIa-..ai1 Group for solicitation permit and _iver of Business License fee. City Clerk-Finance Director Ryder explained that, due to a previous ¡ øwer.igbt in obtaining the proper approvals, it was being requested ; tfaac the Counc:il at this tifte approve a solication permit and a waiver ¡ of Business L~cense fee. Ie vas IIIOved by Counci1aan PitzseralcS, :;;econded by Councilman Fr,-lich ... passed unanimously tbat approval be sranted vitb the Business Lkense fee being _ived. 3. Froa Easter Seal ~ociety for solicitat1on permit, proclama- tion for the period Karch 1 through April 11 as 1971 Easter Seal Appeal and waiver of Busineas License fee. Oa . action by Counc:i1..n PiuaeraleS and a second by Councilman Green, U __ passed uoaniJaously to approve the requut fro. tbe Easter Seal --h.ty vitb the Business Licenae fee heiDg vl\ived. cc-so roll call ~i:i.ULe!l; ap~rc'Jed "er.:oHs granted wit Business License vaiver I .... 2 "'T,arious :::'1DI:t.unica- :.ions =ocognlzed . . , of the City CouDc:ll, IIIIn:III 1. 1971 C feati_ (coati--') .... rrca .0-1_1 IiIltiplAi ~ Sodlty, Seta Clara C -7 C2aapter fœ aolicadGaJ -. aM vainr of ..81_ u . fee. cc-8Ô ·.........fcat.. b1 City Cledí" ·r~t.,,_1 to tIIøM .... ... .. Dlrectœ lJIIer that tb1a U I __... 1a the put. n PiUpnld _teP_tdA a _ion to approve the request.... ... .aUoul IIDltiple Sc~ Society v1tb a waiver of the ø.an- fee. the mUon _ .or .. by Councilun Cuen and pe..... .,. a "-us vote of the Coaac1l. s. Fr_ IleYerly Bill. ~ ,.., of c-rce Civic Assoc:iation iDf_ ing of its posit1oa r,.-1aU.". to ainilllal requir~nts 011 f~ for public offic:e. Doe Coanc:ll vas informed by !fr. a,.!er that tbis cOIIIIII\IDication had been :£ør.arded to inform tbe City CoaDcil of tbe Beverly Hills Chamber of ~ç rce Civic Association's po.itioa regarding requirements for public ;off1c:e and would ..'quire no actioa at this tilDe. ¡ 6. Fr_ City of Palo Alto: ~ · · ¡ · a. Resolution 011 regulation of commercial aircraft flight. in the San Francisco Bay Area. b. Resolution on p=obleE of litter and waste disposal created by the sale of beverages in disposable, non- r~turnable containers. · Tae ~yor indicated that action bad been previously taken on a similar · =eqgest from the City of Los Altos regarding flight patterns and , _aested tbat the Cit¡'s position !Ie 1ISde known to the iederal Aviarion Agency and tbe cities of Palo Alto, Los Altos or any othcc city that might forward like c~ications. 7. FrOlll Keith E. Garner of Encinal Park. Inc., requesting vater service f~r a 94-unit apar~nt complex on McClellan Road easterly of tbe Soutbern Pacific Railroad right-of-way. I , , I t , ! Sølllrequent to a reading of this c~icatlon by City Clerk Ryder, í tile Jlayor reque..:ed additional inforzation be supplied. water service,i b. response, Hr. Yarborougb reported that the property in question vas request , l_ed vithin the County and being annexed to the City of San Joae. <11scussed I Doe cJevelopers, be said. in proc:eedÚlg with the development failed to re.ieu the water source and, in cbeclting into tbe aatter, found that S- .Jose vould DOt be able to sero.rlce tbe development. He continued .,. saying tbat be bad previously ~t1oned to the developer tbere ~.I Ioe a possibility of an increase 1a fee if said service is provided by the City of CUpertino. He coac:llllled by requesting tbe Council's c:on- ~iOl1 in tbis ....tter. -_._.._._~_.~ . . - of the City Council, JlarcJa I, I,n ~,.JI. ."fcatiœs (cont.inued) /I'. , -, So, eo-lly, Civil ....f . 223S Crant JIDad, Los Altos, , ".. the pooI~ representilllC"Wda E. Carner. Øe explained -':~L' W been par""" - tdda the Ulldentanding that it ç ,',' - . .:--', .,< ". -.' ;fa Sata Clara CcIIIU7'.... .... epplying to the County . "...·"erddtectural .ÞI',~¡Jc __ discovered that t.he -;; 1 J 1.e 8Urlce _ld be - ,'", -.... .., the Cupertino Sanitary ..,.., . _ora syst_ by the CÌJ:7 a. San Jose and the vater '"," the City of CupertiDo. AI: L t had been _de by ~zough, be said, tbat a ....... M provided and that tbe , -- M brou&ht before the ç 11. _ .,.. Frolich MDtloned tbat. accordillg to the Cit! Ordinance, _. the land vas to be annexed to the City of Cupertino, water ~ ~d not be supplied to this property. A clarification vas .... .,. !layor Stokes at tbis t1ae 1Ibo 1Ddicated that tbe Cupertino . .p-ry District had no legal c:oønec:t1oD with tbe City of Cupertino. II" _ vas noted 1>y ~yor Stokes that a Building Permit could have "- issueå In !i~~: of the ID8ny unansvered questions. He said he fel£ that until c~r:ain questions ~re answered he could not take _...... "" tbis par::'cular item. ëe 1%Idicated he was disturbed that pEOjec-; vas 30 per ~~nt completed lacki.:>6 so ....ny answers and suggested . L. --t of dis~ussion, pendinS a report being pr~sent"d by the SLaff oatlining :<r=' s~t by ~\FCO as well as the date the Building ~t vas issued. ~t was mutually agreed by tbe Council that further "4_Rtion would :.l~è place at the DeXt. Deet.ing. CCuDcLlsan Fitzg~r~:¿ also indicated con~era as to the results of ~1~ this re~~~.:. He felt, if vater service was granted at Ck15 t~, tbe Ci:y ~ould lose its c~e to bring slD811er parcels at ~ into the =~unity and by aakiag this allowance a bad prec- ~ vould be esu::lished. JIr:I_-ion continu~.i briefly, after vhi~h it was moved by Counclloan Pro~. seconded ::y CounclllD8n Green aDd passed unanimously ths~ the ~.1te: communica::'~~s be accepted for fillng. 0Ir:al (' '''icat iOC$ a. JIone rec;;.tuted. - _L of Coœafssioas and Coœaittees ~ il llepreseuuti"oi!S 9. Transportation Policy c:-1ttee - Mayor Stokes ! ¡ I I n _ reparted by tbe Mayor that the Coanty ~ad taken nO ac:tion _....f_ to participation in the st1l4y as rec~nded by tbe Committee. .. -W representatives were 10 VasldJlltoa, D.C. conferring witb the r _ . t of Trauportation coacenaÞa this application acð its 1111- ..- 4__. CC-SO Page 3 ....a~et' ser'\°iCt"" di$cuC;SlOn continued cO<'ll'lunica- t!.ons accepte<i Pap 4 ..ri0U8 "' h>rts ~scmteð ~".!.·!enue j;:.sr ing -:-:'terla roest ioned L . . of tile Cit !' c-ac:U, ~ 1, 1t71 cc-so I' ' . I. Of~_f__Ç .....' (coot1DDecl) , ".f 10. 'l_f,. 'oUq -': -u_ - Cool""fx.a Pitapra.W " , 'itf-.. _ Wi of tf'ü "~"- . of . 30illt , .. .'._ 4 I - ... stunt''' ) ....... blltani by the _ " 7'.. 'tl!at _ ea1øa of ... . "_ ~ -4 ..... pI_f,. - 1..100. tiIIePiII there ... 4iKvpllo- of 1ÍIid&tM. 'I1Ie c-1U.., he ~. ,- .tt..·. c:oacena that - I'll. -, Aaaoc:1atian. lie cODtt..a ~ -- _ nec_ry to proceed with tile & ~ aad slillea were s~ _ ... -iD& on the Bay Lancl SoaK .. _ ~ aad, he said the .t1IIIy ..tøa this vas going very w1.1 die ....._t tiM. ftt_ at 11. Inter-(;ity Coondl - IIayor Stokes 'I!oa'e vaa no _tiag beld of tills ar-¡t. I 12. x.e.pe of CaUfonda Cities - Kayor Stokes T1ioe !tayor men:::oe¿ c.,..unicat~ received fr= tbe League cf California 'C1t1&s relati". :: tbe proposed reYeDIU! sbaring plan. In revievina a : rec~ nevspa...: .1t:icle, the JIayor said be took exception to one of ; t!>e criteria f:: ::'s:ribution of ti>ese aonies in which It was stated : that tbe cines '..:t:t tbe heavie5t tax would benefit moSt fr"", this ,rrr.....e sbari:., :"".1use this _ an indication that they were villing : to !>elp thees.: ;H, lie said he felt that this ~'as not necessarily a : fair statece": ¡~.: said, as an esa=ple, tbe City ~f Cupertino had : ;>a1~ IIIOre tha:: ::. share of costS for signalizatioa, ..be parks aM ; recreation pr:~=.J.3. library proç.... street bi'r"'Y~ent5 pro¡r_. ; eu~era. 8":0_'" the City does :>ot have a hi~b tax rate, he said. ¡ does DOt aea" :'" ~ity should be sUghted if the re"enue shariQ3 ¡ plz:¡ is passe': .~ snessed the DeCessity of not ifying the senators : as _11 as tho :""'~ers of Coaar... froca this district ,)f these feelin!!;s ! reaarding thÜ :::~sai 's criteria. ! It vas so 110"'" ,'.' ':ounc111D811 Fltzgerald. seconded by Counc 11...n Green a:IOÌ passed t!a: ::oe !tayor's .......tion be undertaken. 13. !.H..o.:iation of lay Area CoverllDents - Councilman Frolich A øee~ing was ~~:~ of thls association, according to Councilman Frolich, ~ein onc c:. t;", topics of the discussion vas ~he taxation rates and 1 per capita IP'\-.u for the operacion vhicb were approved by the As_bly _ originally .::¡>osed. The other satter discussed was the paasase of a resolution r<¡uding regional c...,ermtents being set up similar to ~ A.B.A.G. &tt~elDent in all areas of the State. He said be had _ reservau.::.3 regarding th:1a 1A that it was tbe sSlDe type of set up as the A.!.A.G. organl-...fnn exc:ept for taxation. The pro- posal to aae~ :=e section vas ....ted quite thoroughly as it would ..... ae tbe et:t:'re character of tloia plan by providtng that, instead rd 10eing an &s""'¡'ly of elect'" representatives, the ..embers would he elected at ~rge. Tbis ~ C _s defeated according to . . K1nutes of the City c-nc:ll, !larcb 1, 1971 Ieport of Coeeissiøas aøð C-ittees (continued) 1Ir. 'Pro11c:b aøð tile r...1atioD 41AI paS., witb ainor c:ballles, .s ...,...ny propon4. 14, nOOll c:oauol ~ r t-e1CJft - CouDc:1lMn IIoel ~ _. _ s..et. of'tIda 4>-4-OG. IS. Salata Clara' C7 __ c-taaiOD - Cøullc:ix-D 1Ioe1 c.nc~n IIoel report" tlaat dUe:llll.iOD CODt1DaÑ regard1n& the nudy -.rn111J an 1Dc:~ in cøaUoa or acre/foot vater rates. Be sdd tile _tter wuld be f~ber _U..... to Marcb 10th to drav c:onc:lusi.:>cs _ this tax 18_ and pr_.4 it to tbe lIoard of Supervisors. 16. Solid 1lute c:-ittee of Pl_ing Policy ec-ittee - Coundlaan Green There vas nO aeetillJ of tbis ec-ittee. Planning C~ission 17. S,'æission of lIi...tes of February 22, 1971. 18. Reque.t of SterlillJ HOlDe Developers {or approval of Rev1sed Develoþ.....nt Plan of application n-Z-69. RecOllllMnded for appro~al, )9. Request of Sterlina Rage Developers for approval of Rev1sed Tentative !lap of Application 33-nl-69. Rec:_nded for approval. Planning Director Sisk iDdicated tbat approval had been recoemended by tbe Planning ea-l8alon of botb applications under discussion. !laps were presented while Mr. Sisk describ~ action leading up to the requests. Be said. to date, tbe developers bad not been able to obtain an ease- _t and were, tberefore, resublaltting a new plan for approval. SOIDP of the changes indic:ated were: a reduction in front yard setback from 20 feet to 15 feet which vould still allow a 20-f""t driveway with a S-foot setback on the public right-of_ay. The Planning CoIIIalssion va concerned, be said, vith possible blockage of tbe rigbt-of_ay aøð conditioned approval to e1baiDate tbe use of swingout garage daors. !be proposed 56-foot dedication would allow for a 14-foot landscaped area vith a 6-foot fence, two 12-foot travel lanes, an 8-foot parking lane, . standard sid~k and a S-foot utility area. The driveway area b!Id been re-arranged to orient the dwelling unite illV8rd instead of outward and single-story units would be placed where tvo-Story units ~ heen previously planned. CC-80 Pat" 5 ..diUODa1 reports 23-Z-f.9 " 33-TI'-69 preRentat 101 23-Z-69 , 33-tH-69 . approved . . , _t.. of tile City c-c:U, !larch 1, 1971 n-Ioa "-hdaa (coatta.e4) t'a. fn4 .,.. (lfn'l"r_ Sterlilla IIœe Deftlopen. 41' Dirialoa ~J~~: :L_:~ I~~·.:c"':;:a C::Cf:: ~.;..::;It..":"t::::': :: = . > ,p18o tie n _l:8lMr1-- of 75 Mllillp .. oria'_Uy -d_vw". ';".11 11 1 lit I 1C 1 L.6-fe>-ÞII 111 JfaJor Stobs .. CO die . u of . ~ fadlla die 04Un 1I1C" . 1dAt.a of 1aD4acap1q, 1Ir. ~ ' ~1.f· ~ ,ndoa!y aaly _ anit faced die 8treeC 1IÌIIitdI _ _ CO .. ~ II f _4 to el1a1Date tile .se. ef tile ,I' 0 .. I ~.tatta. cc-aô IuD 'fo8pa, CiYU - It -u of tile pnject, 7994 ANdor Vall., Ioal...rd, MU_. Califonia. ..... to 1Ir. Lad_'s response by sayi. that tile P G . E area bad -tpf6at.Dtely 40 tovars located on the property and 11: _ felt that it ~d lie -u. to face the units t_rels tbis wi_. The azdta, lie CODtt.ed, _re then oriented i_rds t_rels _ open area area wlaic:b had been opened up Iready. TIle architect for tile daftloplMl1t, Mr. Warren Gilbert, 1515 The Alalleda, San Jose, supported the fact that the proposed revisions would not e1ieinate the landscaping _tioned. He said the units were staggereel in S-foot in,reeents to avoid tbe block look and to add interest; there would he ¡tlanUng poc:ltets located between tbe driveways and tbe landscaping bad heen increa.... srouncl the P G . E easement in tbe proposed plan. Kayor Stokes offered bia feeUnl that the setbacks a!>peared to he -.dequate, hCllo"ever, tbltre .._eel to be an abundance of aspbalt and concrete insteael of landscaping in the area. He sURgested an increase 1n tbe nusber of trees along tbe street to which ~r. Sisk responded that this ita woulel be pnc:essed througb tbe H-Connol CClDitcee. Discussion ~onti-.l wherein it vas suggested by the Mayor that it he lllade co~dltional that plantinls be provided separating the drive- vays on the propeny. It vas mo~ed by Councilean Fitzlerald and seconded by Councilman Green tbat Applications 23-Z-69 a~d 33-TM-69 be approved ~ith the stipulation that, v!\¿on going hefore tbe H-Control Cooaittee, landscaping plans be provided for location hetween tbe driveway areas. Ayes; 50ea: Absent: Councltmen Fitzg~rald, Frolich, Green, Noel and ~ßyor Stokes ~ne ~ne 20. Application 2-tH-71 of City o~ Cupertino - Aver, Construction Co.pany for a Tentative Kap to cOlDbine a 28-acre and a 4.31- acre parcel iato one parcel. Sai~ property is located easterly of Mary Avenue, approxiaately 1200 feet north of the Intersection of Mary Avenue and Stevens Creek Boulevard, in a P (Planned Developaeot) zone. Rec~ended for approval. . . _tea of the City CouøeU, !larch 1, 1971 PlaDilll C<-i",ioa (conts.e4) n. leqaest of 1verJ CouótTUCt1oa CœpaDy to __ tile U.. Permit 110. 22-u-67 in Reier to iocorporate an ac!dit1onal 4.31 ac:res (68 additional dueUIDa _its) into tbe eslsttDc za-c:re (449 _ita) Pl-iac DeYelo,-eat zoned sparteent cœples louted easterly of 1fary Avenue, approsiJaate1y 1200 feet nortb of the tDt_tion of Kary Avenue and St_ Creek Ionlnard. 1Iec:_--d.ecl for approval. k the suggution of Pl_1n& Director Slsk, it vas _ed by Councilman Green, sect'flded by CouacllJun Fitzgerald and passed unan'--<lsly tl>at It_ 20 'Uld ::1 be discussed ID conjunction vitb ltell 30 011 tbe agenda. Arcbitectura: aad Site Approval CoIDIDittee 22. Su"~is.ion of Mioutes of February 1;, 1971. 23. A~.:i.ation HC-51,250 frOll Besor"-13~lor, Inc.. S07 Santa Cruz A~.~u., ~nlo Park, requesting 3F~:~val of sign a: 10211 S,,::~-:de-Saratoga Road adjac..'t :,' ':\1nri~e Dr i ve. Reco!:l- 1:('::":('': for arprov.al by H-Contrc< .... ~~ittee 'Iodth §tit).,,¡!ations i~! ~~nditlons which were app~al~J ~y the anþl!cant. CC-80 Page 7 -11'4-71 . 2-U-69 t'ntinued Slides wert: ;,r~sented by ~r. Sisk sh"",·ir.;;: ~~...~ ~tructur(' h"i'\"ol·"f>d h1 tt.t~ applicatic~. ::e said It is an exiSlin¡: «.,: estate oifice :aril:n" and tbe r.,~..: had been to construct an interior 111ucinated sl~n 011 tbe r",; 0; the buildin¡<. A great J.-a: ~; Jiscussie: too", place I at tbe H-C:~tr:: meeting he said, Wh~rein t~,re w~s objection indicat.J i reprding ;:3c"".ent of tbe siga on the r.:>,'; 3nJ It was SUII:!<ested that ¡,iC-5! .~50 the sign 't-c: rl.3..:~d on the front portiQn "f t:lt' bul1dinR ~nstead. The> :"Tí"sí'ntati, color of ::-t? 5:.~n was alSo r;uestionf'd 3;1.d 1! .,:].s suggested that. inst(';¡.) of yello~ oa<",~r~und v.th tlack lettering. ~hlte be u~ed as the ~ack- I ¡round c,,::r to bett~~ co.pleaent the surr~unJinRs. At tbls ti~. ~r. Veri Taylor, President ~f Besore-Taylor, Inc., 107 Santa Cr"z Avenue, Menlo Park, came fo~ard and mentioned that he vas un.-lear as to tbe final decision IDade at the H-Control meeting. Be said t~e C~ittee took exception to the color of the sign and requested that a sketch be provided sbowing the mounting of the proposed sign far tbe Couoc:il's review. He c~ntinu¿d by saying that tbe attachment of the sign would not be visible frOll the street which bad been a priaary expressed by the H-Control CoID- aittee _bers. Ðiacusslon followed and, in responding to an inquiry by Mayor Stokes .. to whether or not the application had been rec....ended for approval ., II-Contrcl, !tr. Sisk explained tbat tbe Minutes were incorrect in tbt tbe,appl1catioo vas actnally approved. To clarify this question, Cba1raan Ad...., who 'faS present in tbe audience, c_ forward aDd 1nfonoed the Council that the Minute. were correct as v>:~tten and die agenda ¥as oot, Approwal _s denied, be said, On the baais of discusslon .... . BC-51,2S0 returned to ¡¡-COntrol ';C-5l,073.l ~:-ef-entat101'l audlence comments . . iii_tea of the City C~ f1. March 1, 1971 cc-I Arc:hitec:tnral aDII Site ApClYal c-ltt.. (c:ont1Daed) desire for a.re prof_sf-..1 çpearilll si¡.¡, chaDp of color aød lack of a _tiDa alratdl. tile c-1tt.. also felt, he asiA!. that it -U .. preferrecl die daD be plac:ed CIG the front of the struc:ture instead of OD the coo(. After _ dillc:aael_, it,.. _wally a~eed that, 111 d_ of the various cbaagea propoll' at this tÞe, tbe appUcatlCIG s~ld be referred back to the a..cc.nol ec-ittee for furtber revl.. of said reYisi_, I It was 1IOVed by Counc:i~ GreeD and sec:onded by Couacix.an Roel that Appl1ca:ton øc-Sl,250 be referred bac:k to tbe Arc:bltec:turaI and Site Appro~al eoa.ittee for further review and reco.mendatiODs. Ayes: Noes: Absent: Council.en Pltzlerald, Frol1cb, Green, Noel and Mayor Stokes Sane Sone 2~. Application HC-SI,073.1 fr~ J. ~. LoughlIn, I'S72 Deep ClIffe ~iYe. requesting 8?proval of site. architecture, landscapinR, lightIn@ and u~ergroundin~ oi utilitIes for aoart~ent co~plex tecated at the southeast cornet· of 5teven!l C:anyon Road and !U~erside Drive. Rec","",ended for ap!>roval. Planni::,: Director Slsi< ;:resented s"verÛ slides sh""il!~ elevatIons as well a. surrounding str~:tures in the area of the property in question. He sa:~ the zoning all~.ed for 9 units to be erected on the site and further ir.~icated that :he entire package ~as in accordance wIth City OrdinL~~"s. He describe~ the c~nlex as incorporatin~ a ~ood deal of lands:a?in¡, a garage area to be located underneath the structure. and a~.;uate parking provided. The applicant had also agreed previously to re:a~n the three exlsting trees on the property. Mayor ~:okes recognized a group of residents who expressed their desire to Sria~ re~drding this a?plication and requested that one person come for~a'~ ~nly, in that this was not an application open for public hearing. Mrs. henry Severin, a resident living across the street fro~ the proposed c~plex. expressed her concern that the de~elopment would block the view now ex~sting of the valley and questioned the height of the structure. She a:so expressed concern at placing an apartllent cooplex on this dange~s corner citing several incidents In the past where electric light standàrds, telephone poles and several stop si~ns had been destroyed because of aøtOlDObile accidents. Mrs. Severin went on to say that it had been previously prOlDIsed that the st~ucture would not be bigher than 19 feet maxilllUIII and requested that reassurance he giver> in this regard. She Inqulred as to the effect of tbe road widening on this complex adding that, In order to pass ~other vehic:le 011 thIs roadway, one had to cross over the center Une. . . _tea of the City C it, !larch 1, 19i1 arcIdtectural ad Site ~"al C~ittee (continued) . '3"7"'" hSfOII- to Itn. !Ie._la, 1Ir. Louah1in, applicaDt, 10672 De~' Cliffe i:"f'1IIfiw, C'IIIpertUo, _ fo.. 4 to the podi_. Ue apl.ioed that. ': ',:~ 1,- ~IT of tile die of tile llrU4iDa, the oriSina1 plan.... c:baagr.i ',",.er.., nòctDI tIIie no( "'.,.t by 7 feet. Be indicated, at its . '.i.,.-.,....t potat, the ,,41"... -U be UDder 19 feet. Øe WIlt on to : 'I" &1IJe the atnctare .. fIIeIWpOrating a tar and gravel roof with ".~-"_ ad "'..'.. Ie I( ,. ... to an inquiry by Councilllan ·.fttaprald as to 1...aR~ &lOGg a vall of the structure which .....ud to be ItlaDk, 1Ir. J.oasbl1n explained tbat tœre 1«Iuld he a 2 to 3-foot reulJler vall witb a plank to match tbe architectur. Sa this area .... Jladt Pine trees would be placed on the property to KreeD the nolH f~ the aparc.ent dwellers. The trees, be said, ...u grOU' to approsiaate1y _-half tbe beight of tbe building. III concludinl, be indicated that the redwood incorporated in the atruc:ture would be of an olive sreen tone witb dark olive green tria. ~e Mayor ~fferecl ~is opinion that the structure as it now appeared ..s not cca.atible with the existing neighhorhood, flat top roofs were DOt a<,eptable and be su&gested that the a,plication be denied _ tbh basis. It va. sc ~~ed Ity CounciIaan Green and seconded by Councilman ~oel with tbe fellowi.. vote heing taken. Ayes: 110.. : AbaeDt: C~uDCix.en Fitzgerald, Frolich, Green, Noel and Mayor Stokes ~.:nf' "",ne In respon.. to aD inquiry lllade by the Mayor regarding action requested as to lIe"sie'. Delite previously indicate:! in the 'tinutes of the 11- CoDtrol C«:aittee _aciDS, Mr. Ad_s (Chairman of the COIImittee) said that tbere ~d been consideraole discussion because of the numerous s1¡Da in existence at tbis location. He said these signs had be~n pat on dis~lay without the benefit of approval and it had been rec:~endeè by the eo..ittee that tbe City Council review the fact that tbe applicant vas in violation of the City's Sign Ordinance. 1Ir, Sisk intoned the Counc:il that the staff was vorkinR with the _ra of this property aDd the ..tter was still pending. Paru and 1lecreatlon ec-1.s100 25. Subaiss10n of tuøutea of February 22, 1971. IIIIJor Stoltes _eel the appointment of Mrs. Janna 'yboltss to fill tile unexpired tera of lire. Jean Vincent on tbe Parks and Jlec:reatlon o-tssion ad requested a _tioo be entered into the record to that effect. C:C-SO k'aae ~ applicant' e>Q>1anat ie HC-SI,073 . denied Bessie's Del ite ~iR discussion 1I1aat.. þtC v-td..- &ioDa Iliac_sed . . tee of the City c:-ncll, Marc:h 1, 1971 IaTka ucI bcr...4- ~ee1em (c:ontinued) cc-iO 1&... _ --a ~ CiDllDcÜ8D er- ucI seconded b1 CcJIØCilMD FitapraU tdtla the fol1øvÞa"", AJM: IIou I AlMlerat: CouIIcUIIID n.....ld. !'roUch, Gre_. Woel .... Mayor Stoku -- 1IoDe Mayor Stokes then reqaeated that Hr, Gabriel, Vic:e Cbainan of the Parka snd bc:r..ti_ <;-hdon, to C:0IIe forward c:onc:ernins requests entered into the IUøutea regarding bikeways and park improvements. Hr. Gabriel aentioaeð that bikeways were bec:oeing a ..jor pr,>blem in the City and spoke of a plan to coordinate bikeways em a County-vide basis which would interc:onnect also with otber c:ities as well as within the City of Cupertino. He said tbe Public: Works Department had been trying to c:oordinate plans wit.h the County on this matter. Secondly. Mr. Gabriel referred to the Stokes Avenue Park area located in the northwest section of Cupertino. He lIentioned that the children in this isolated are. had no place in whicb to ølay. At present, he said, they were playing in the streets of the development and near the railroad tracks. He continued by saying that the park site was un- developed, filled witb debris and verv unsafe. He added that the debris waS beins removed by the Public Works D~partment which was also working on eliainating the un~afe conditions. The park was ¡unusable in its present state and it had been recoo=ended, accordinR to Hr. Gabriel, that sooe basic ~tc~S be undertaken as follows: 1) installation of a fence on the periphery of the ¡>:1rk ad,loining the railroad trac:ks. 2) grading and planting of 2raSS in tbe area vith a sprinkler syste2 being incorporated, 3) landscaping be pro- vlded; 4) that a play area as well as a picnic area be provided vith nigbt surveillanc:e for safety reasons. In continuing, he said a partial parks development program should con- tinue to lIeet tbe srowinR needs of the community and the Parks and Recreatlon Commission had agreed to present a resolution for imple- mentation which would thereby ørovide funds for the development of parks In the City. This resolution would provide for minor park development and iaprove=c:nts as determined by the Parks and Rec:reation Commission subjec:t to City Council approval. A brief discussion followed wherein it waS suggested tbat tbe rec:ummenda- tions indicated by the CO!IIDission be studied further and that a report be presented from th~ staff in this regard. It was moved by eounc:i1aan Green and seconded by Cauncl1..n prolic:h that the rec:om~~~~atiOl1S of the Parks and Recreation eo.aission he endorsed by tbe City Counc:il for . bikeways project in its initial phase and authorization tbat the staff begin to prepare a report for presenta- tion to the Parka and Recreation Commission and the City Counc:il on this progr.,. . . IUnutea of tbe City Cou1ld.1, Karch 1, 1971 Parb and lecreation C--<-.1oø (c:ontinued) CC-80 Pa&e 1 ...: IIoea : '.tIIøDt: CouncilJlen FU'Ip!I'aU, Frol1cb, Green, Noel and Mayor Stoltes Bone Reme Cøac:erning tbe devel.. -~ of parka within the City, Mayor Stoltes r.....ted that cost eats.e~ he prepared 10 conjunction with a ftJI01't frDa tbe City ~ for presentation at the next City CoaDcl1 _ting inclic:at1Jla a f1llld-eource breakdown. It vas indicated by ('........-fboan Frol1cb tbat be vould like to see a h1&ber priority be plac:ed on the upgrading and development of the particular park in question 10 that it was so isolated and had no sc:hool playground nearby. park 1'11prove1"lel dlscussiol After a sbort dialogue relative to planting, Mayor Stokes brought up tbe suggestlon previously aade by Councilman Green in another similar situation wherein be mentioned the posslbllity of undertakin2 a plant-in at the park. The Mayor indic3ted a possibility o. the residents helping with a plant-in in th2~ the 'park would be of most benefit to them. At tbe suggestlon of Mayor Stokes, it was moved by Councilnan crolich and seconùed by Councilman Green that the staff prepare a ?ropos~d budget and possible sources of revenue for impro~enents previously indicated, par~ :-Ud2 reout: ste¿ Ayes: Councilmen Fitzgerald, Frolich, Green, Noel and ~vor Stokes Noes: 1\cne Absent: ¡¡one In moving to the tbird item of discussion in the Parks and Recreation Minutes, Mayor Stokes introduced the subject of a Parks Development and Improvement Budget saying that i~ediate action, as requested, vas impossible. He rec~ended tbe matter be discussed with ~I. Quinlan and brought up again in depth for the next budget, Counc:ilman Frolich stressed the necessity of action being taken as soon as possible and suggested ideas be or~anized as to minimum development on eacb site prior to budget talks. He said cost esttlDates should be given to the Parks and Recreation Cocmlsslon 10 order to bave a base froa whicb to begin planning adding that _re information sbould also be provided. Responding, Mayor Stokes suggested the possibility of bringing the information now on hand up to date to aid the eo..1ssion in tbeir efforts. Vater COIDIIIission 26. Minutes of Febl'Dary 24, 1971 not yet available. Library Commission 27, Su'-1asion of æ-tea of February 16, 1971, .... 12 .~ . . of the City coneD. - .4 1, 1971 <>-'....00 (cGDt~ ':, .. ..u ....'J .... 11 _ rea1D4ec1 111 .,. .. tIIaC .". of the ~ ... ... re.chedulecl to &pd1 - .. ;a decl1catlae ...._..... ÔII pzoc... of beiDI v.; '-114. ~ . . cc-8i , CttbB8 '.21. 51/-'-100 of 1M . -- .Æ the Steer1ng eo-!tt.. før: ~ 11814 February 23. Im. 1!Ib1:lc Bear1na. 29. Appeal by appl~ 1'''' -ting reversal of the pt.....,.. o-iss1on denial _ 3_ry 25. 1971 of Applications 18-Z-70 and S-V-70 by ~ Sa1ch, et aI., tor a zone ch.... fro. Jtesidential Siaal. f-1,. 10,000 square foot lots (n-10) and Residential SiDCle-faaily with Agricultural Use Per- aitted (RI-IO ag) ZoDeto to Planned DevelOpaM!nt (P) with c~ercial Use IDteaded Zone; and, variance to reduce acreage requirement fOY Planned Development (P) freD IS acres to 12.48 acrea, located at the northwest corner of the intersection of Steve:5 Creek Boulevard and Stelling Road. A request ...as recognized by t:.e !".ayor which had been received frooa I J. Robert Dempster. repre..~1J>& the aoplicant, asking chac heariDg of tbia appeal be postponed teB?Orari1y pending his arrival at the meeting. It was mutually aç~ that this iCem would be continued for hearing subsequent to Ites 30 on the a~enda, I 30. Application 3,·Z-71 c-f the Cicy of Cupertino for a zone change from Trans~ortati' (t) Zuoe to rlanned Development (P) with Residential Multi~ie-fam~ly 22CC square feet per Ovelling Unit Use Iatended (83-2.2) Zone on 4.32 acres; for a zone change frOll Transportation (T) ZoÐe to Planned Development (P) with General Co~ercial Use Int~ (CG) Zone on 0.62 acres; located easterly of the pending Mary A?~ue realignment, app,oximately 1200 feet north of intersec:tioa of Mary Avenue and Stevens Creek Boulevard, (See Item No. 33) It vas indicated by Mayor StokeS that this item would be disc:ussed in conjunction ...ith Items 20 æod 21 on the agenda, as previously agreed. Planning Director Sisk pr_~ several slides and reviewed the previous action taken by tbe Planni,. c.-ission, He said the Planning C-ission , bað recommended approval of ~ applications with the following con- ditions: 3-2-71, that the .S acre area remain as (T) Transportation Zone, 2-~7I, that the Standard Coodicions be imposed along with the scipula- tt.on that tbe cross-sections of the Tentative :-lap he coapleted and ."eaented to tbe City CouDcll aDd 22-U-67, that the wording be c:haD,,,,, in Condition 12 to the date of February 8, 1971 and the addition of Coadition 16 that the lapd-..,1J>& of the adjacent triangular-sbaped p&1'c:el would be included by I:k developer contingent upon ultiaate usage determination, V. ;0.. . .;'~~' -'- ;~~;,~,;~ . . ":fIf tie City Cou8cll. ~ .. 1. un . ,JIr. Ilart.A'nI7..,.Îi._JI'.o.atnct1CJD, 479 CUtP Su.c. , ,..ciClll8c1 thIi&. .t ,. .~.ti1 <IDe -Mrd of tbII ....Ject , with tll!,:,...·':""',;. T'htd 1Ie1Da \mISer COD.~:'- , , t time. lie....· ~_, . ...~ as tie _ 011 tbII ...-,,-. , arddtecture. cò1øEs. 1 --~Ir., etcetera. AlII t - ,111 JIr. Avery .. to ~ - _ IDa tie triaDplar port1øD of 1Ja question, ::.. ~~;.:. c: vu were r~ ~ the Mayor and Mr. Gabriel c:.- . OD bebaU of the Parka -' J!ecreation c.c-t..ion sayiDg tllat ... .A-P vas interested in ~ting bike pat!¡.. in this ar_. _ _ _&lested by Mr, Gabriel cUt a bikeway be located <111 Muy ~. -. The &yor responded to P.r. Gabriel's c....ents by aa,.i~ that ~ ~estion bad already ~ ~ into consideration. T """ .. tbere were DO furt'-r a:adience cOI!IIIents indicated, it -. _ -'II by Counc:ilnan Noel and .....--'ø! by Councilman Green tbat the ~11c bearing be closed, The ~1.on vas carried by a UDaniDous vote. u. _ lSOVed by Councilman Fitzl!lr.'a1è and seconded by Counc1l::.an CIr_ that Application 3-2-71 be approved and, further that OrdiaaDce liD. 480 be read by title only ~ that tbe Mayor's reading constitute die fi.rst reading of said ordina=e. ~: Councilaen Fitzgerald. Fro1ich, Green, 1Ioel and Kavor Stokes ....: None ... L : None k _ then IIIO"'''<! by CouncUaan Tiugerald and seconded by CouIICi1!lan ~11ch that Applicat:lom 2-Df-71 be approved. .......: Councilmen Fitzgerald. Yrolicb, Green, 1Ioel and !fsyor Stoltes _: None - .: Hone A ~ vas aade by Counc:n- Ti.tzcerald and seconded by CouDc:1lJ1aD þ-HoPh that A;plication 22-u-67 'N approved, --= -= 17" Councilmen Fitzgera1cl, J1rolich, Green, Noel and Mayor Stokes None : None :fa "'1: tbere uas no oœ pr~ Ja the audience relative to Ie.. 29, ......... bed been previously pa I. . ... the agenda, the _uer - _ toO poatponed for heariDg ~ :III the _etiDg. ~r- e. ~ See.... rUllin& of ~.. . 110. 478: "AD OrdinaDce of tile City of '-<apertÞo _u .i SectlOlt 1 of OrdinaDce 110. 2 ", Þc1.-ffyiDØI s C-t.oL. ~ of the City of Claperciao &.. I cc-ao Pap 13 a1»Plicant's c_ts 3-Z-71 a1>proval & Ord. 480 fi o:st read inl 2-TM-71 ap?roved 22-U-67 apprcrled . . .418 r tit ;r. of tM Clt7 Go -~1:. 1t ~ 1. 1911 ôIiK . 0" (c:oDtlllMlÖ .' .*~~~~ 1: ..c:W V.. bit..... ..... to ::':!Cl:r~'~ :==~.;~;:: ===-. >.,tt. .', . , '1I1J~t to . naatIì&;1I .\.'IfíIJID1r, it _ __ by CoDftI't1- ÞJ1idI ...'...erl.~ by ~*( tbat Orcl1l1811Ce Wo. 478 be r_ ., tiCle ~\7 uð that tha ø.,œ'.du"'. coutitllte the ..c:oDC1ru4_ of data Ofrí'''........ cc-8O .... 14 -- ",.. : 110M: AIJ..'"u ea.mcilMD Fiupnlcl, Frollc:h, Green, Noel ød Mayor 5tatn iione Ncae ~. 478 ~t..-D.t It __ then 1IØVed by eounc:1bIian Frolich and seconded by Couøc:i:a- Green that Ordinance No. 478 be eaac:ted. Ayes: 5oe8: Absent: Councilmen Pitzg....ùd, Frolich, Green, Noel and !'ayor Stopa None None 32. Second reading of Ordinaøc:e No. 479: "An Ordinanc:e of the City )f Cupertino Amenting Section 1 00 Ordinance No. 2 by Reclassifying a Certain Portion of the City of Cupertino from Agricultural-Residential O"~-F~ll Qa~-.\cr~ LOt3 (.\1-43) Zone to Agricultural (A-215) Zone; APproxbllate1y 111.9 Acres Located North Side of )ft. Eden !\Pad, the Southwest Corner of the City of Cupertino". It VIIS IIIOved by Counc:ilrum Fitzgerald and seconded by Councilloan Frollcb that Ordinance No. 479 he read by title only and that the Mayor's rèaåing :r:!. 479 of this ordinanc:e constitute the sec:ond reading, 5eC=d read.inÌ I Ayes: Councilmen Fitzgerald, Frolich, Green, Noel and Mayor StoPS Noes: None Absent: N"ne It vas furtber moved by Counc:ibsan Fitzgerald and seconded by Counc:ibaan Green that Ordinance No. 479 be enac:ted. Jrd. 479 eaac~nt Ayes: 1Coes: Absent: Councilmen Pitzgerald, Frolicb, Green, Noel and Mayor Stou. None None I 33. First reading of OrdiDanc:e No, 480: "An Ordinanc:e of the City of Cupertino AIaeDIIing Section 1 of OrdillaDCe 110. 2 by .... classifying a Certain portion of tbe City of Cupertino; 4.32 Acres frOlll T (Transportation) Zone to P (Planned Develo..-nt) witb RJ-2.2 (Bes1dentlal MUltiple Family 2200 square Feet per Dwelling Unit) UM Intended Zone; and 0,62 Acre f~ T (Tra1Ul- portatioa) Zone to P (pl_ed Developaent) with ex; (GeM1ral r-rcial) Use IDt...... Zone; Located Easterly of the ......1It1 Mary Avenue ...11. -.. and APproximately 1200 feet Worth of the Intersec:tioa of 1IUJ' Avenue and .Stevens Creek Boulevard-. ., - m-tea of the City Council, March 1, 1971 1ImIs..acea (c:ont 1nued) ....-e Bo. 480 ws already acted apoD in CCJQDeCt101l with It.. 110. 30 _ tile aaeøda. . .. btf_ ,-,- 34. 110. 3029: "A Re801aUaa of tic City Council of the City of QapeniDo A11øv1nl Cena1Jl Claiaa and D-...... Psyable in the Mouats and frCJa tÞe FaDds as Rere1nafur Described for Sal.ar1ea and Wagea for tile Payroll Period Eodillll February 23, 1971". u.e resolution vas read and deac:ribed by Councilman Fitzgerald, after _-Irh it vas .oved by Counc:1lman Creen .and seconded by Councilman ProU,c:h that ll::so1ution No. 3029 be adopted, Ayes: Soea: AltseDt : Counci1Den Fitzgerald, Frol1ch, Green, Noel and Mayor Stokes None None 35. No. 3030: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable 1n the Amounts and from the Funds as H~reinafter Described for General and Miscellaneous Expenditures". After a reading by Councilman Fitzgerald and a brief explanation, it ".. .",ed by Councilman Green and seconded by Council1oan Frolich that ~lution No. 3030 be adopted. Ay..: JIoes : .AbseDt: Councilmen Fitzgerald, Frolich, Green, :qoel and Mayor Stokes None None CøaDc:ilman Fiugerald indicated that bids bad been received frOll five 10aaka relative tc a $200,000 twe deposit. Three of the banks bid _ interest rate of 4~1/2 per cent a' the other two were at a rate of 4-1/4 per c:ent. He indic:ated further ..aat two of the three banks listing a rate of 4-1/2 per cent were low in deposits - on band and rt!" mded that tbe IIIOnies he split het_en the Bank of "-rica and the Fint National Bank. It _ aoved by Councilll8D Frol1ch and sec:onded by CouncilllaD Cre_ thet the Bank of Meric:a and First "donal BanIt he _ded the tÞe .aepoait as rec:_nded by Counc:U- Fitzgerald. ..,..: CouncfÙlel1 Fitzgerald, ProI1ch, Cr_, Roe! and Mayor Stoltes ....: 1_ ....".-at: . Bone . r_s vas called by Mayor Stokea at 9:35 p,a, at vhicb t1ae ~ -u.an1loe1 left the _etiJla becaJae of 11lness. The Meting _ r___ by the Mayor at 9:47 p,.. cc..ao PaRe IS Res. 3029 adopted Pes. 3031) adOÐted t1ae de""si IlVarded recess called rq. 16 5100.00 .. aa cost f. tne dedtea- ' :10n tree progr_ :eferred ~o :!-Cocnrol Executive Session postponed . ,. of the City Council, IIan:Ja I, 19n cc-ao. ~ - JI. Suff. rart OD h.__~ _.- c:ost for ...u....Uoa of c- ill the CiY1c (" -... ftua. ....u 4þof.1_ report" ~. ia ...iUCID to tile -..... M.~ 2kIa. tile lace.c tJIf.-attoa iJodf....t.. · .... "I. -- '. II, ¡-.. tc cJec:r_ die ~ of t..... aø.. .. aU tile ø.... prøs-ly _ bad bMD njectell an4 the poeai1tle - of . 1.- tree _ .au iøvestiptS-. Be c:oacladed by ceqJ..tSaa - uuy fee M ntabliabed before _t1oaiDa· Þr _ diKOlssion euue4, it _ _t_lly ..reed -. tile C ft. cbat a fee of 5100.00 vas r_M""*"le. It... -- by c-aci~ n.aaerald alii! sec:on4ed by Coancu__ FroUd. that $100.00 be Nt - tile cast for tbese treea. A,..: JIoee : Abstain: ~t: Coaaci~ Fitzgerald, None Cou:>: ~ ¡...., Green Cou,,=~::..a:l Soel Frol1ch and Mayor Stabe 37. St.:: :~~=rt on pro?Qsal to create a tree planting fund anJ c~::ee :0 recaaaeDd locations for their plant1Da. ~. Quinlan ~~~:3:e~, In an~r to ;uestlons p:eTlcusly aentloned, that: 1) ,e.. J :~~ could be =reated as referred to In tbe City Clerk's r~rt and :: .: ~=:d be a~iuble to have tbe a-Control C-ittee reor1ev tbese ;:.i:::~n>:s. He auuested that some recopit1OD be siven I~ this rega:: S~=~ as a resolut1on. After a brie: ':.a:=gue, wherein it vas suggested by Councit.an Frol1ch ¡that prope: 5".':d~nes he establ isbed insuad of han4l1ag this 011 an !_~ hoc" bas... ~: vas _v~ b:-- Councilman Fiu,erald and seconded by ,Coa:u:Uaan C-:..." this p:ogra= he referred to the Architectural and Site Approval Coa&.::.e vlth the recoa.eøda~ion of the further establisbaeDt of the lllecha".s:: ::r vorkins,v1th augsestions being forwarded back to the Council. a,es: JIoee : AMen t : eo..':::~~a Fitzgerald, Prolich, Green, and Mayor Stokes None Cou:::ilsao :C~l 38, App.:~:I::Hnt to the vacancy 011 the 'arks and bCrutioa ec-;.S51on. 'I1úa its was ;::eviously acted upoo. 39. Adjc>;¡n:aent to Exec:uti_ Session for discussion of proposed &esc:uti~n No. 2079 relating to duties and responsibilities of t~ City Attorney. ftth the eoa:.:il's aut...l agrel Tnt, it vas decided to continue this lcea to tbe eÞd of tbe agenda. ., .... - ._ of tbe Ci~:o 1:«:,,011, !farch 1, 1971 1IIIf4_4~ ~ Business (:.,.,tinued) I ¡ I . ¡ ¡ ! ! .. Staff ~t "n status of pcopon" pedestrian overcrossing of 1Iøute 55 oartb of St.._ ~eek Boulevard. --__ llørb Director Tarboroalh repcllCÞd tbat a respons" bad heen "_j "I ....' platbe to this overc~. 51nc:e the original request 1iíII~"" cade, be said, tbe School Dût:r1ct 1Ddic:ated tbat tbey ..y ....... ~1 die bou",t."ies tbenby e14004_1Da the _eel for this over- . - J; bovever, shoald the overc:øse1Da be deeeed necessary, ... ~ _ld 1!e 5150,000 to crou tile fr_y only and $200,000 .. .... the fr_~ aa;! Mary Aveaae. Be conc:luded his CC8llll!l1ta ., ~ _ t1ll1 gm:-ce :rOlll the C_fl 00 this its. n __ -.reed tha: :!:<! ::atter 1oIOuld be held in sheyanc:e pending furthe ~tait.e response ::= the school district and Mr. Yarborou<th was - 1'" -..! to pr~: a report at that tt.e. 41. Staff r",crt =" status of signalization of Wolfe Road inter- sections -r..::: ",-'Ute 280 off-raaps, I.t _. reported ~: ~. ::arborough that a letter had been received from the State indiCA:::; .:.~ls had heen warranted at tbis location and -rr'~~' He sa:: ::¿ .,5 in the process of negotiating agreements for presentatio= __ :::¿ :ity Attorney and to the Council and he es- tha£eà it would 0... :r= six to nine IIOnths before the entire project _s c:capleted. ~ this tillie, dis:~si:" reverted back to Item 29 on the agenda. 29. Appeal~: a;;:::ant requesting reversal of tbe Planning ComIDissi:" :.,,:al on January 25, 1971 of Applications 18-Z-70 a=: :-~-70 by Robert Saich, et al., for a zone chdOge :r:o "..idential Sin~le-faml1y 10,000 square foot lots ~R:-:C1 a"j Residential Single-family witb Agricultural Use Pera:::¿¿ \Rl-IO ag) Zones to Planned Development \P) vitb Cocœer::a: Use Intended Zone; and, variance to reduce acreage r.><;":r",,ent for PlAnned Developmer.: (P) from 15 acres to 12.~~ a:r¿s, located at the northwest corner of the inter- section :: S:e~ens Creek Boulevard and Stelling Road. C~-4baan Fitzgera:¿ requested to abstain frOlll discussion on this ..,lia'r: ion. F'-~ DirectC': Sis", inforllled the Council that denial bad been r.- "'ed by t~ ?b"_"11ng Cmaissioo hecause of tbe fact that r~1a1 zonin¡ ~ul;! be increased within the City and the pro- lID] I' developIHD: vculd not he c:-..atible with existing institu- r4__' uses. A -it vas presented abøvi1Ia existing coaaercially-zoned ,cll .oL.7 and proroert~ vitb c_rc:1al use intended, It was aentioned ., JIr. S18k that 63 ¡>er cent of the _rcially-zoned property vas ~ed. CC-80 Page 17 øedestrlan overc:rossin eøtblates presented Wolfe I!.oad siRnaliza- tion reDort 18-Z-70 & 8-V-70 presentatio Pac. II 4'-'" ~....t.C~ ¡ud ience :ommenC8 t .. - ,. '-. of Ilea þ.. &1-Tt II , . Ida IIIIañII& .' ." ~;·~.4·r Iaa .. .'~.. .... 8111- .-«.....~~D. Ida ill £a JS ad at Stell of sSze of the to -'prove t .. -,..-tion as & CDIlttllued vas c!1fficl>\t re:.&tive to _ .10n of tl: oo-ao . the Ciry Council, Jlarch 1, 19n r1IIp (continaed} . ter. repnøac_ 3Ia ..,u.cac. 20325 Stenu ereak ~t., th-1.--' cb. CJ -n for t.....rad.11 postponf. _ dais appeal. ,Be dIeD ~ 11. t" ønraI letter. recei1Nol ia f_ of tile ....¡J4..-- _tilltl1.. dlat the P' .. laM .... ....h..t the ... ,,_~n" 1IIIC _ .-111. to off_ tMa tllat iDt...... !ÌIe rOo-..os" _, be AU. ... tile 10øt _ for the pliI ,....L". 1Ialtipl. _ .. felt to be .. it -xd add _.1.--..1, to the a1at1Dl traffic It _ further 1ø41c:a1:" ., ~. Deçster thet it had terpretation the ceDtral cora had beø established by tile it ap¡ooeared to be ---Ill to eIId c:~dsl develOP- iDlloK. Proper c:oauol c:on1d be ezerc1sed by the City the Pla=ed DevelopMDt reDtr1ctions ad, with the _11 pMcel which was 10 .eras, it vould be logical and proper be pt'c:pc:sed use. The applic:ant bad agreed, he said, to requested. ~ $1T~~ tbe sta!~e~t fro. the college administration :~ .__cp< In tnat favorable comments were indicated ~~:~i: similar request. The fact was stressed tbat a e ... .~uld be of the professional buiiding classifica- solely ~~ercial intent only. ~ I ria: and I :~_ Dempster :'~::~:e¿ his feeling that it would be unfair to approve !cr ~eny zoning :~'i~ ~~ another property owner's indecision as to :7T~rty use ~. :~:ther, that this vas not adequate ~rounds for !t~ng d~~ :~e z::lication. The Cupertino c~re not only serves I~tino, he SA:~. ,ut potentially provides services to 200,000 iH!OP1e and he ~Ú~ :hat this point he kept in lIind. I 1: concludin~ ~:." :.:=ents, !fro Deapster mentioned that a request bad lbeen recently ~:=::~ed trOll Vallc:o Park for an industrial are~ t~ he I~ed to C<CCè:::'.Ll intent. He said the Assessor's Office had as~.sed this .::;,,::y in question at a coamercial level aiding that i: ~s bis o~:'~::~ :i:es bad Dot chL~ed c:onsiderably durin~ t~e p~~c f~ yearR to ~a~:~~: denial of the application. J..r; Ùlis tilDe :;,e :::,,: was opened for audience cOlllllK!nts regarr.ir., this q;oea1 and Mr. 5,,:: A~ery, Avery Conatruction CoI'1!'aay, !"t. VLew, ""in:ed ~ his interes: ~~ this particular applic:ation in that he ~~ cho~en ta build in t;':'. &:e~ because of the attractive park and DeAnta Coli~~e be~ located .,~~~. He felt there vas no real need for I!IOre c:"..,.erctal wse in the area ~ in approving the application, the effectiveness of tiw two existi:>g .~ilar developllents vould be dilluted. He also lmticated hb ~",::a~ as to the _n,. unanswered qu"stions and un- c~inties i~",l.ed regarding what would actually be occurring on t!I:.1.s land. It w.u stressed thet the PlanninR COIIIIIIission as well as tile college a:ai::.:'s:ration had requested denial, and "r. Avery BURSested t~ possibility "'! rr~fessional use or apart~nts being built at this ~ion. . ,. .- _t...of the City Conncil, Karc:h I, 1911 1'IIIÞ11e BeariDp (c:ODt~4) ;._.S~t. Gooch a r..u.t at 2l34S llaford DriYe, CupertiDo, :"; ,'.,. her "'OCUli .. to tile iDer --. 18 ttaffic Ihaald the appUca- Fat.... De fdt _tllere -W be d1acoaraged fna s.,I1. ~ to plaJ ia tile pelt U t" traffic aitoatiaD va .,,'~~:;. . /<fii.ttal to t1lot _ieac:e c ats, Mr. ~ter ..id the propoHd ..r(S~::;' be tile ·.a"-t all bat - of t" laDd, lIe..id.. c:oa1d :;:1: ',~anot tile c:bup 1a atttt1ale of t" coU..e in that tbia . . . ,.' wœld be batfered aDd t" ~op.rty about whic:b tbay 1DcIicated ~1' favorsble t -ta ~ ,.ar. aso, __ DOt. It Via poiDted out .., lit, Delpster that thare had been very little oppoaitioa to the application and, he felt faycrable c:onaideration sbould he giveD _ the application's own .-rits, It __ lIOVed by Counc:UJlan Frol1c:b, .econded by CouncUaan Green and ....... that tbe public bearins he c:loøed vitb Counc:i1aan Fitzserald &bataininl! frOll the vote. CounC:ilman Green's opinion was that strip zoning would not he advisable and there vas not a great need for c~rcial zoning vttb 63 per cent already in existence being undeveloped. He noted the fact that tbe property was physically located where foot traffic vould be desirable. Mayor Stokes indicated be had tbe same position as he bad previously taun one year ago, that beins that the plan sbould be W)re well- def~ned sbowing exactly what would result if the prooerty vaa to be developed in the manner proposed. He felt more definitive informa- tion vas definitely required prior to approval or disapproval of the spplication. At tbe request of Hr. Dempster, it vas lIOVed by Councilaan Frolich, sec:oDded by Counc:1b1an Green and passed that the public bearln t he re-opeoed,witb Counciblan Fitzgerald abstaining from the vote. Ik. Deopster informed the Council tbat within tbe past tbree days be bad received tbree calls frOlll individuals interested in placina variou develo lllents on tbe property. He then requested a 60 to 9O-day con- tinuance be granted so that these possibUiUea could be explored. It vu lIOVed by Counci1aan Frolicb aDd seconded by Counc:Uaan Creen t!¡¡¡t tbe public bearing be c:1osed, The MUon passed vith Counc:il.... litzlerald abstaining. Counc:Uun Frolich questioned what c:ould he doøe vttb parcels that fzont on aujor street whic:h are unsuitable for a1ngle-faaily devalopllent and agreed that the utter should be cooti_'" for _e deUnite plans to be ~esented, Be also "qu.ted that direction be given by the Coals C~ittee and expreaHd bia "'1re tbat they forward rec-~·t1ons in tbia ragard. CC-80 Page 19 ebuttal ~ts public: bear in. c:1osed bearinl! re-opened ou"Uc bearine closed Pa. 20 used traffic equi~t approved for sale proposal soUcation approved - IIbnIta of the City C_it, Jlarch 1, 1911 cc-ao . Pabl1c: BurlDga (coatt.ed) !t .a -.aU,. agr'" t"at there -W .. lID objec:tiøD to a 9004., CGDu.,...- of chi' .icatloD. after W1c1a it .. 1 AI It'" 111 City Attoney Maaa tbat tile var~ ad raae1Dl .. ....... w1tJ1a1at ~.J_1ce at this ctae, .. farther e4wbeII, if ('.... V· G [ It", tile , 'applicatS- be reL-'r-" to tile Ph_f.. ~ ~-- for 1_tt.K ~ ... rec ··tiœa. It ... so __ 111 CcJaDct188D CreeD aDd MCODI" by ~~ Jrollch With the foUMDg YOU beiDa takeR. A,...: ConDc:1x- !'roUch, Green, and MaJor St0b8 110.. : 50De Abatain: Councilun Fitzgerald Absent: Council.... Roel Rev BusiDess 42. Staff request to sell certain salvageable traffic signal equip- ....nt no longer needed by tbe City to Traffic: Signal Repair ;:"",pany for $800.00. It was r""""",ended by City Kanager Quinlan that the salvageable equip- ment under discussion be sold directly to the Traffic Signal Repair Cullpany at a cost of $800.00. It was '"""ed by Councilman Fitzg£rald and seconded by Counc:1l1!lan Green that aut~rization be given to sell the salvageable traffic equipment, as reco~ended by the City Manager. to the Traffic Signal Repair COIDpany at $800.00. Ayes: Noes: Absent: Ccuncill:len Fitzgerald, FroUch, Green and Mayor Stokes ~Qe c~uncilun Noel 43. Staff ræquest to solicit proposals frOD management c:onsultin~ :irm for conduct of a classification study in the implementa- tion of the Persoooel Code. It was ...,.,.ed by Councilaan Frolich and seconded by Councillllan Fitzgerald tbat the staff be authorized to solicit proposals frOlD the management consulti~~ firm relative to implementation of the Personnel Code as requested ~y City Manager Quinlan, Ayes: lIoea: Absent: Councilmen Fitzgerald, !Cone Counc1l111an Roel Frolicb, Creen and l'Iayor Stoltes . 44. Av.ud of d_ depo.its. This ita vas prev1ousl,. acted upon at the conclusion of the lIesolutlons portion of tbe _CiDa. , ~".' ~. . . _tea of the City c:-.cU, Jlarc:b 1, 1971 ....~ (coott.ed) 45. IIq nt fna .,.....-1.00 S~ S,.t_, IDC, for a .b_ ~;¡ at__ _ __ flllÏdt to t J }a.dly locat. office trailer. '1 - it. Ya11co ~ ..i,iae,-. . 't ~ ~ 1& _ HJ a"1Ull IIy ~,'. \..... ltIØctor Siak tl)at. DOt oal1 ... tile ,,,,. I ..t beiDa..... for ile6oì.oDth at_ioo of ti_, but tile I i Cue..... 111 _Ut...... _ appUcatiOll before tile Arch1tect1lral .. Site &ft~".al CaIÌIàitÞe for '_f'\l of tile trailer area to aU Sa _1'1 fill the t . _J:./U~ offkea. It _ -.I by c-U- 1'rD11ch aud sec:ooded by Counc:1laaa fttqerald that AppI,¡¡._l lie aranted for the 610Dth extension as ra,nsted. A7U: 1IoH: Absent: CQUnc:1~ Plt....ald, Frolicb, Green sDd Mayor Stoltes ~ Counc: IJaan JIoel "port ~f ~:!1cer~ 46. Ci:y Staff In r~f~rri~ to bfs receDt r~port, City ~nager Quinlan mentioned aev~ral i:e:s to the Cou:xil. He said C<,un.:ilman Green had in- dlcateè ~ ~~slre to dedicat~ a tree to Mr. and Mrs. Byron A. Green of San J:s~ on their ~h veddidg anniversary of Marcb 13th. Be also 1=~1cated that copies of the Legislative Bulletins would be given to:' :!I" Counc:il periodically. He added a request that a ppOCedur~ ~~ ~stabliahed fc~ tIDIIIedlate respons. to these bulletins aDd furtMr that a c-1tt_ be utilized who could respoDd to warioua It.a, in c:aN of _geDcy, v1tbout approval of tbe entire Cou:adl. It vaa in.!ksted by Mayor Stolles aDd coafirmed by City Atto.-y M.s thet the I'roÏ"'Md ec-1tt_ _ld have to he (".-posed of only tvo Coaac:ix-n tn ..ccordanca with the IrOWD Act. MaJOr Stoltes theD requesteè t!u·t City ~er Quinlan brlaa tbis it_ up for dis- cuaaioa witb ~f. pr.ior to the aezt aeeting so that be could sppoint a c.:-itue coe,~'" of c:-nc1x..n and staff to tol1"" up on rec:__ ......UOfta . . 1Ir. Qu1nlu inforaed the c:-ac1l that b. _ld be preaentlng . report at the oat MeUag r-.ards.a proposed policy for UN of City buildi ~·lIse of the incr..... . Ir of ...tu.a. beiDa held, Ac this U.., Mr. Qutü.a potatø! Out the report subllitte4 by JIr, Ifdar c:Dxerning the SI....y ColIn. In Public Ialatiou, Sect10a 4. r_tlyatteDded. CC-80 Pase 21 ISS sb- month extension granted staff reports .... 22 hnber . .. ~I't. tbdarar__ '-in.. 490iDtecl - - ,.._.. of the Cit)' ~n, JIarcIa I, It71 r ._Jt of Officer_ (J:J ,4 -~ cc..eo A ø.-t" ._ .... '" 1Ir. q.o'.'- fflr peÞt-81OP to act.... eM ..... ÌllJatSODa tll8t1t1lte.E .. tW1IJ tile I ~ of CalUoraia cut. - ~ . 17th tIIroaIJa t1!a..1ftJa,..·... fIllS ':IÌ'taI tbat tld8 ~- - al80 µ:..........1e to c:o-n-'~......... ....... .... C:O-1~- ft'oUda . ,.,~CIiat tbat t1ie"'>!..!~:f_dilr\l kt1Oa8 _1Iarda ~. .' n.. __ '" 1'_, ". no' I. .d4¡ _0IIII" '" CaaDl"U ~JJ.cIa tIIat .ät1aDr1&atloa be Ii.... CO C1t7 llaaaer QIJ''''- to atUDd eM I.aIIor Ie1atiolla Iutltute .. ~ J 1)(1 t". .,.., lIMe , AllaeDt: CoaDcilaa l'iupnU. ~l1ch, GreeD, anc11fayor SCO'" ... Couuc:ilaan IIoe1 111". Quinlan c:oncluded by .."taa dlac a schedule of public safety _sag.s bad been conteiDe4 in M. report whic:h had heen prepared by Ann Cuny and the Sheriff's Office. In response to an inquiry as to wen this would be published. lliss Cuny indic:ated the date bad b.en set for Wednesday, March 3rd, It vas reported by City Attorney M.s, insofar as he would be involved 111 major litigation during the next four to six weeks, Attorney Terry would he assuming his reaponsibllities as Acting City Manager during that period. 47. City Councilaen Councilman Frolich mentioned that he had rec:eived a copy of an Ordinanc:e of the City of Palo Alto relating to truclta and truck routes. Be then suggested that the sallie type of ordinance he considered for the City of Cupertino and asked that the staff study tbis ordinance and aubcait rec_ndatlon... I It _s indicated by Couac:U..n Green that an inquiry bad heen received fr_ Barbara Meiss, Leader of Girl Sc:out Troop 39, relative to the girl acouts d.sir. to aid in plantings at the parks and be asked who abould be c:oa- tacted on the staff in this regard. !fr. Yarborou th offered to taU c:ar. of tbis it... Mayor Stoltea explained that $61,000 in undergroundiDg funds bad been allocated to the City of Qapertino by the P G . E for the purpose of UDdergrounding existing utUitiea vitb1n tbe City. It _a _aest" by tbe Mayor that an Undergr__taa C:O-ittee he for8ed to revi_ poasibl. loc:ationa in order to plan the spending of these 8OI1ie.. After a bri.f dbc:uaalon, IIIyor Stokes appointed CouncU_ er,.- and Fiugerald to aerve _ the proposed Undergrounding c-1tt.. whic:h woule! _et two or thr.. tWes a year, He then asked that !fr, tarborougb contact r..nseacativea of the Telephoae c:-paøy ancl tbe Pacific ens ancI Electric: eo.pany to serve on this c-1tt.. as _11 as the Cbai.- of the Arc:bit.c:tural and Site Approval C-in.., It _s rl'C oed that a J4inute Order be initiated 111 thia r...re!, - """-- - . . lU.Dutes ('f tbe City Counc:il, Karcb I, 1971 aeport of Officers (c:ont1aued) It vas .wed by Counc1blaD Frolich and seconded by CouDCu.an Fit.gerald that a Minute Order he lllade to reflect the 1fa) ør' s previous rec_ndationa regarclinR the Undergrounding c-1ttee foration. Ayea: Boee: Absent: CounciJ.llen Fitzgerald, FroUc:h, Green and Kayor Stokes Bone Councilman Roel A request was ...de by Mayor Stoku that be be authorized to attend the Rational Conference of Kayors to be held in Washington, D.C. during tbe perie:! of Karcb 21st througb tbe 23rd. He said revenue sharin~ vou~~ òe discussed among other tbings and duggested tbe possibility of Councilmen attending if tbey so wisbed. It was moved by Councilman Fitzgerald and seconded by Councilman Green that the Mayor be authorized to attend the National Conference of Mayors as requested. Ayes: Noes: Absent: Councilmen Fitzgerald, Frolich, Green and Mayor Stokes None Councilman Noal The Council was informed by Mr. Frolich that on March 17th there vould be a Police Subcommittee meeting which the Sheriff would be attending. He said the meetlng would be devoted to a discussion of present contract services with the County Sheriff's Office and suggested that as many as possible of the Councllmen attend this in that it would be having an ultimate effect on the upc~!n~ budget session. Councilman Fltzgerald indicated he had received a telephone call from Mr. .Joe Sorci asklng if his l/2-acre of property In front of the Corporation Yard was to be acquired by the Citv. The matter vas referred to tbe staff for ~ report to be presented at the next City Council meeting. ~8. Recognition of Non-agenda Items by the Mayor. TÞere were no itelllS introduced at tbis ti..e, Ad10urøoent At this tillie, the Hayor referred back to Item 39 on the agenda con- cerning adjourDlDeDt to an Executive Session for discussion of proposed Kesolution Ro. 2079 relating to duties and responsibilities of the City Attorney and requened that tbe Council adjourn to said session at this t1ae. CC-80 Page 23 re~nd.- tions approved Mayor authorized to attend Natioral Conference var i.,¿ comme:tlli .\ .... 24 . . . lUnut.. of the Cit)' C-11, March I, 1971 ~ ,.., Adjou.-ut (contt.....s) It val _d by r-:11ua FTolich, lecooded fly CouDc:Uun nUleraU and paned UIUIftf_.1,. that tba aeetiDg be aclj_. to an Exec:atlft S...iOD,a. indi('......, fA tIN Library CODfe~~. !be ...81OD .. ...1''' at; ,11:08 p... and eM .-dIIa vas rec:oaveaed fA eM CouDc:ll "'" , fir at 11:40 þ... It vas .oved by Cøaacilaa riuB,rald, .ecoaded ..,. CouncU..n FTol1ch . and passed unanf-1y that tbe _aUng be "j~. .. The ae'ting vas cIec:1ared adjourned by Mayor Stokes baDediate1y tber_ after. AP.PIIOVEI: : Isl Gary G. Stokes Kayor, City of Cupertino ATTEST: Isl Wm. E. Ryder City Clerk